4 Issue of John Payne and Elizabeth Awbrey/Aubrey (Source: Indenture between William Payne Jr. and Francis Aubrey dated July 25, 1722 )Jane Martin's willJane MARTIN, widow, dated 2 Feb. 1676, Copeley Parish, Westmoreland Co., VA. She says,"Unto my daughter Jane JOHNSTONE my plantation...If it should please God to take from this life my daughter Jane before she is marryed or comes of age or dieing without issue, the estate to fall into the possession of John AWBREY and James Gaynor. Unto my daughter Elizabeth PAIN to the value offourty shillings...John AWBREY being a liver att my house shall there remain without opposition during the finishing of this crope (sic) or longer as he may find to his conveniencey and not to admitte of any person to dwell upon the plantation without consent from what estate I have willed unto my daughter Jane. (signed) Jane (hF) MARTIN." Proved 16 May 1677.

"John Payne Jr. was married before 1676, because at that date his mother-in-law, Jane Martin, left a will naming her daughter as "Elizabeth Pain." This woman Elizabeth is often called Elizabeth Awbrey, but that is incorrect.The confusion comes in because Elizabeth had a sister named Jane who married John Awbrey, a man old enough to be the girls' father. With a mother called Jane & daughter called Jane, a man much older than his wife, and the fact that John Awbrey was mentioned in mother Jane's will--all that taken together resulted in an incorrect assignment of John & Jane Awbrey as Elizabeth's parents.However, mother Jane Martin's will makes it clear that her daughter Elizabeth is married to a "Pain" and that daughter Jane Johnstone is underage. (John Awbrey appears to be an overseer or something to that effect, and is mentioned in the will. His exact relationship to the family is unclear, but he is obviously not Elizabeth's father.) Assuming that married daughter Elizabeth is older than underage daughter Jane Johnstone, I have also *assumed* that Elizabeth was a Johnstone (rather than a Martin).(See more of Jane Martin's will at the bottom of the page. I can find only an excerpted will at the moment. I'll try to find the full document later.)Mother Jane Martin was evidently married at least twice, earlier to a Johnstone & last to a Martin, who left her a widow. But neither of her husbands is known, nor is her maiden name known.I have both John Payne Jr. and Elizabeth Johnstone Payne dieing c 1698, though I have no reason given as to why I recorded that. The only two children I have for them are "our" William & brother John. The records Shawn sent (below) indicate these realtionships.---record---Payne Records from Westmoreland County, Communicated by Mrs. J. C. Pollard Wesmoreland County. Book 7, page 354Indenture between William Payne Jr. and Francis Aubrey July 25, 1722. For 100 acres, part of a patent granted to John Payne, grandfather to the aforesaid William J. for 400 acres, and by the said John's will bequeathed to John Payne, father to the said William Payne Jr., and by his last will and testament given to his two sons John Payne and William Payne Jr.

WESTMORELAND COUNTY, VA - DEEDS - Elizabeth Payne Power of Attorney to William Sturman & John Awbrey, 26 July 1723 --------------¤¤¤¤¤¤-------------- Westmoreland County, Virginia, Deed Book 7 (1721-1723), page 286: [In the left margin next to this entry is: "Payn's Relinquishm't of Dow'r To Fra's Awbrey Se the Deed of Sale fo. 333."] Know all men by these presents that I Elizabeth Payn the wife of William Payn late of Westmorld, now of Hanover County have and by these presents doe authorize and empower my trusty and welbeloved friends Mr. William Sturman and Mr. John Awbrey or either of them to appear at the County Court of Westmorld aforesaid and relinquish my right of dower and thirds of in and unto One hundred acres of land lying in the said County sold by my said husband to Mr. Francis [page 287] Awbrey and for so doing this shall be my said attorney or attorneys sufficient Warrant. Given under my hand this 26th day of July Anno Dom 1723 Elizabeth Payn (seal) Sealed and delivered in the presence of John Poindexter Sarah Brechin-- Westmorld Sc } July the 31st 1723-- This power of attorney was duely proved in Open Court by the Oaths of the Wittnesses and the dower therein menconed relinquished by William Sturman and admitted to record and was entered thereon the eighth day of August 1723 Thos Sorrell [Clerk County of Westmoreland] [Notes: (1) In transcribing the records from the original to new books during the 19th century, the clerk entered some records out of chronological order. The deed by which William Payne sold the land to Francis Awbrey was recorded on 7 August 1722, but was entered in this deed book on pages 354 and 355. This power of attorney authorizing relinquishment of Elizabeth Payne's dower rights was recorded one year after the deed, but appears 68 pages earlier in the same book. (2) I am grateful that Barbara Payne Aerni located this record and saved me untold hours of searching. (3) I have put the title of the original clerk in brackets after "Thos Sorrell." The transcription had a nearly indecipherable "CluCompd" after his name. From another entry in this book, I realized that something like "CleCoWld" may have been in the original record as an abbreviation of his title.]